플랫폼 경제에 대한 경쟁법 적용에 관한 고찰 - 시장획정을 중심으로 -

초록

As the digital economy based on the internet has become the center of our lives, a significant number of transactions are already being conducted on platforms. In particular, there is a discussion on whether it is desirable to apply the traditional analysis framework of the Monopoly Regulation and Fair Trade Act on the definition of relevant markets and the evaluation of restrictions on competition to the platform. This paper especially focused on defining the relevant market in the platform economy. While analyzing the Amex decision of the US Supreme Court, this paper examines two methods of defining the relevant market on a platform that has the characteristics of a two-sided market, namely, a method of defining a single market and a method of defining a related market with two separate sides. In addition, the traditional analysis framework for defining relevant markets was reviewed. And, before examining the definition of the relevant market in the platform economy in earnest, the characteristics of the platform as a two-sided market and the characteristics of the platform market were analyzed, and after analyzing the decision of the KFTC in which the definition of the relevant market in the platform was an issue, the previous studies on the method of defining the relevant market regarding platform were reviewed. From the perspective of platform regulation, it is not appropriate to over-regulate the innovative and dynamic behavior of platform operators until significant monopoly power is established. Unlike the traditional market, monopoly in the platform market has a short period of market dominance, so its negative effects are small. However, this does not mean that platform operators should be allowed to violate the competition law indefinitely. The Amex decision is significant in that the US court recognized the usefulness of the two-sided market theory and put it on the table for full-fledged discussion so that competition authorities could think about it. However, there are still many points to be improved. It is expected that active discussions will take place in the future about what the judgment of the US court will be on similar issues and whether such judgment can be applied to Korea.

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